Terms and Conditions

WELCOME

www.fudgeurban.com (site), is operated by PZ Cussons Beauty LLP (“PZ Cussons Beauty”). We are a limited company, registered in England and Wales under company number OC364213 and have our registered address at 14 Upper St. Martin’s Lane, Covent Garden, London, WC2H 9FB.

By using our site you are agreeing to these terms and any documents referred to within them. Please read them carefully. If you do not agree to these terms of use, please refrain from using our site.

Sometimes additional terms or product requirements (including age requirements) may apply to services or competitions offered through this site. If you use these services or enter any of these competitions, any additional terms will become part of your agreement with us.

We may modify these terms or any additional terms that apply to services or products, at any time. You should look at the terms regularly. We will post notice of any modifications to these terms on this page and for additional terms, in the applicable document setting out those terms. Changes will become effective from the date and time such revised terms have been posted on the site. If you do not agree to the modified terms, you should discontinue your use of our site.

USING OUR SITE

You may use our site only as permitted by these terms of use. When using this site you must comply with all applicable laws, regulations and codes of practice within the UK or other jurisdiction from which you are accessing this site.
You may not use our site:
for the purpose of harming or attempting to harm minors in any way;
to send, knowingly receive, upload, download, use or re-use any material which does not comply with our submission standards;
to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); or
to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

You also agree not to access without authority, interfere with, damage or disrupt:
any part of our site;
any equipment or network on which our site is stored;
any software used in the provision of our site; or
any equipment or network or software owned or used by any third party.

We are constantly changing and improving our site. We may add or remove functionalities or features and we may suspend or stop the site altogether, or parts of it, at any time. We may also stop providing the site or parts of it to you or add or create new limits to our site at any time. We do not guarantee that our site will be compatible with all or any hardware and software which you may use. Our site or part of it may be unavailable or inaccessible at any time, for any period.

Whist we endeavour to ensure that our site is secure and free of viruses and other malicious or technologically harmful material, we cannot guarantee that it is. We strongly advise you to protect your computer with regularly updated anti-virus and firewall software and to log-out completely when you finish using our site on a shared computer.

We may suspend or stop providing our site to you if you do not comply with our terms or policies or if we are investigating suspected misconduct. You can stop using our site at any time. You may commit a criminal offence under the Computer Misuse Act 1990 by your failure to comply with the terms in this section. We will report any such breach to the relevant law enforcement authorities and will co-operate with those authorities, including by disclosing your identity to them.

REGISTERED USER

If you register on our site, you will be provided with or otherwise choose a user name, password or other security information (log-on details) and a registered account. You must keep your log-on details secret and not share them or allow them to be used by anyone else.

We may monitor your account and log-on details to check for unauthorised use, but do not accept any obligation to do so.

We may disable your account at any time and without notice if:
we know or suspect that your account is being used:
by anyone else, or
otherwise not in accordance with these terms and conditions; or
we know or suspect the security of our site is under threat.

We may also issue you with a replacement account or log-on details at any time, for any reason.

If you think someone else knows your log-on details, let us know and we will close your account as quickly as possible.

If any of your details change, let us know so that we can keep your account up to date.

CONTENT ON OUR SITE

The information and material contained on our site (content) is given for general information and interest purposes only. Whilst we try our best to update our site regularly to keep it current, any of the content may be out of date at any given time. We may change the content at any time and are under no obligation to update such content.

All content is provided without any representations or warranties of any kind (either implied or express) and is not intended as specific commercial or legal advice. We are not liable for any reliance placed on such content by you. Specifically, PZ Cussons Beauty does not represent or warrant that the site or the content will be accurate, up-to-date, complete or free of defects, including (without limitation) viruses or other harmful elements.

We own or license all intellectual property rights in our site and the content published on it. This includes, but is not limited to: the design; layout; look; appearance; graphics and documents on our site, as well as other content such as articles and other text. Those works are protected by copyright laws and treaties around the world. Using our site does not give you ownership of any intellectual property rights in our site or the content that you access. These terms do not grant you the right to use any branding or logos used on our site. Do not remove, obscure or alter any legal notices displayed in or along with our site.

You may print off one copy, and may download extracts, of any page(s) from our site for your own personal reference. You may draw the attention of others within your organisation to content posted on our site.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. You must always acknowledge us or any identified contributors as the author of material from our site. You must not offer for sale or sell or distribute over any other medium (including distribution by over-the-air television or radio broadcast or distribution on a computer network) the content or any part thereof on our site.

If you reproduce, duplicate, copy or re-sell any part of our site in contravention of these terms of use, your right to use the site will end immediately and you must at our option, either return or destroy any copies of the material you have made.

COMMUNITY AREAS AND SUBMISSION STANDARDS

We may from time to time provide interactive services on our site, including, without limitation:

Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).

We are under no obligation to oversee, monitor or moderate any interactive service we provide on our site, and we expressly exclude our liability for any loss or damage arising from your use of any interactive service in breach of these terms of use, whether the service is moderated or not. Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.

We shall not be deemed to have endorsed or approved any material that we do not remove, and we shall not be responsible or liable for any materials that are posted or uploaded to our site by you or any other user.

The use of any of our interactive services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not foolproof. Minors who are using any interactive service should be made aware of the potential risks to them.

In using our interactive services or otherwise uploading content to the site (submission), you:

warrant that you are at least 18 years of age or, if you are under 18, that you are at least 16 years of age and have consent from your parent or guardian to make submissions;
will ensure that your submissions are accurate (where they state facts), genuinely held (where they state opinions) and comply with applicable laws in the UK and in any country from which they are posted;
will not use a false email address or other false details, impersonate any other person company or organisation, misrepresent your identity, or claim or imply any affiliation or endorsement that does not in fact exist;
will not use our site for spamming, denial of service, spread of viruses or for any other computer misuse of unauthorised communication;
will not post or contribute any submissions for commercial or business purposes. Amongst other things this means that you will not post contribute or upload adverts or commercial or money-making material on our sites.

Any submissions or post made by you on the site must not:
contain any material which is defamatory of any person or is obscene, offensive, hateful or inflammatory;
promote sexually explicit material, violence, discrimination based on race, sex, religion, nationality, disability, sexual orientation or age, or illegal activity;
infringe any copyright, database right or trade mark of any other person;
be likely to deceive any person;
be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety;
be likely to harass, upset, embarrass, alarm or annoy any other person;
be used to impersonate any person, or to misrepresent your identity or affiliation with any person;
give the impression that they emanate from us, if this is not the case;
advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.

By making posts or contributions on our site you also agree that:
your submission is non-confidential and non-proprietary and you are entitled to post or contribute it;
you warrant that you are the original owner;
we and our associated companies shall have the perpetual, non-exclusive, royalty-free, world-wide, sub-licensable right to publish, use, copy, adapt, distribute, disclose and create derivative works of your submission, to display your submission by any medium or method whether now known or later developed to be exercised in our sole discretion throughout the world;
we may identify you as the source of the submission if we choose (but are not obliged to do so) and you irrevocably waive your right to be identified as the author of your submission and your right to object to derogatory treatment of it;
you will execute such documents and do such things as are necessary to give effect to this section.

We may disclose your identity to law enforcement authorities and to any person who is claiming that material posted or uploaded by you is defamatory or constitutes a violation of their intellectual property, confidential information, privacy or other rights.

You agree to reimburse us in full for any loss, liability, damage, cost or expense that we suffer or incur as a result of your posting or contributing any submission in breach of these terms.

You retain all ownership rights in any submission you may make.

PRIVACY

We collect, use and process personal data and other information about your use of our site in accordance with our privacy policy.
By using our site, you consent to such collection, use and processing and you warrant that all data provided by you is accurate.

COMPETITIONS AND PROMOTIONS

If you enter competitions or other promotions run by us through this site, these will be subject to separate terms and conditions which will be available with the relevant competition or promotion.

LIABILITY

We provide our site using a commercially reasonable level of skill but there are certain things that we do not promise about our site.

Other than as expressly set out in these terms of use or additional terms, neither PZ Cussons Beauty nor its suppliers or distributors makes any specific promises about the site. For example, we do not make any commitments about the content within the site (see above), the specific functions of the site or their reliability, availability or ability to meet your needs. We provide the site “as is”. To the extent permitted by law, we exclude all warranties.

To the fullest extent permitted by law we exclude all liability for any liability, costs, loses or damages (including without limitation, financial loss, loss of profit, revenue or business) you may suffer or incur arising out of or in connection with the availability or unavailability of the site, your access and use of the site or reliance upon the content or your content. In all cases, PZ Cussons Beauty and its suppliers and distributors will not be liable for any loss or damage that is not reasonably foreseeable.

YOUR FAILURE TO COMPLY WITH THESE TERMS

We will determine, in our discretion, whether you are in breach of these terms of use through your use of our site. When a breach of these terms of use has occurred, we may take such action as we deem appropriate, including but not limited to denying you access to this site.

You agree to indemnify, defend and hold us and our associated group companies harmless from any liability, loss, claim or expense (including reasonable legal fees) related to your breach of these terms and any submission you provide.

LINKING

We may refer or link to other websites and resources which are provided by third parties. These links and resources are provided for your information only. We have no control over the content of those websites or resources and are not responsible for them or any loss or damage that may arise from your use of them.

BUSINESS USE OF THE SITE

If you are using our site on behalf of a business, that business accepts these terms. It will hold harmless and indemnify PZ Cussons Beauty and its affiliates, officers, agents and employees from any claim, action or proceedings arising from or related to the use of the site or violation of these terms, including but not limited to any liability or expense arising from claims, losses, damages, judgements, litigation costs and legal fees.

ABOUT THESE TERMS

If there is any inconsistency between these terms and any additional terms, the additional terms will prevail to the extent of the inconsistency.

These terms govern the relationship between PZ Cussons Beauty and you. They do not create any third party beneficiary rights.

If you do not comply with these terms and we do not take action immediately, this does not mean that we are giving up any rights that we may have (such as taking action in the future).

If a particular term is not enforceable, this will not affect any other terms.

GOVERNING LAW AND JURISDICTION

These terms of use and any dispute or claim arising out of or in connection with them or a visit to this site (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of England and Wales.

The English courts will have exclusive jurisdiction over any claim any dispute or claim arising out of or in connection with these terms of use or a visit to this site although we reserve the right to bring proceedings against you for breach of these terms in your country of residence or any other relevant country.